HSBC Premier Terms & Conditions

Transcription

1 HSBC Premier Terms & Conditions HSBC Premier The Hongkong and Shanghai Banking Corporation Limited (Effective / 1 February 2011)

2 Contents Section 1 HSBC Premier Account General Agreement... 1 Section 2 Terms and Conditions for Yen Saving Account... 7 Section 3 Terms and Conditions for Multi Currency Saving Account... 7 Section 4 Terms and Conditions for Time Deposit Account... 9 Section 5 Terms and Conditions for Structured Deposit Section 6 Terms and Conditions for HSBC Premier ATM Card Section 7 Terms and Conditions for HSBC Premier Credit Card Section 8 Terms and Conditions for HSBC Personal Internet Banking Section 9 Terms and Conditions for Telephone Banking Services Section 10 Terms and Conditions for Local Payment Transfers Section 11 Terms and Conditions for Overseas Remittance and Demand Draft Issuance Section 12 [deleted] Section 13 Terms and Conditions for Auto-Debit Services Section 14 [deleted] Section 15 [deleted] Section 16 Terms and Conditions for Automatic Overdraft Service Section 17 Terms and Conditions for Automatic Remittance Service Section 18 Terms and Conditions for Integrated Investment Trust Account Section 19 Terms and Conditions for Foreign Securities Transaction Account Section 20 Terms and Conditions for Specified Account Effective / 1 February 2011

3 Section 1 HSBC Premier Account General Agreement The provisions of the HSBC Premier Account General Agreement (the Agreement ) outlined herein apply to the HSBC Premier Account (the Premier Account ) held with the domestic branches of The Hongkong and Shanghai Banking Corporation Limited (the Bank ). The Bank carries out transactions with the Customer (each Customer shall, where the context requires, include any personal representative or lawful successor of the Customer) when the Customer accepts all of the provisions of this Agreement and the Terms and Conditions pertaining to the Premier Account that are stipulated in the following Sections. <Article 1> Purpose and Intent of This Agreement This Agreement is intended to clarify the legal relationship between the Customer and the Bank with regard to the transactions under the Premier Account, as such transactions are stipulated in Article 5 of this Agreement. <Article 2> Opening the Premier Account etc. In making an application to open the Premier Account, the Customer is required to file such application with the Bank, by using the application form prescribed by the Bank on which required items must be filled in or inputted, by registering the seal (or signature, if the Customer prefers to register signature) with the Bank and by submitting to the Bank all the required documents prescribed by the Bank. The Customer may commence transactions only after the Bank has received and approved the application. <Article 3> Verification of Customer Identity 1. The Bank will verify the Customer s identity using the prescribed method(s) in accordance with the relevant laws and regulations. 2. In the event of being unable to complete the verification of Customer s identity as stipulated in the preceding Paragraph, the Bank shall have the right to cancel any transaction, even if the transaction has been commenced. <Article 4> Joint Account The Premier Account cannot be opened in the form of a joint account with more than one account holder. <Article 5> HSBC Premier Account Transactions 1. The Premier Account comprises of transactions and services prescribed in the following items; provided, however, that a separate application may be required for certain transactions and/or services: Yen Savings Account: The Bank handles savings account transactions in Japanese Yen. Multi Currency Savings Account: The Bank handles savings account transactions in Japanese Yen and in certain foreign currencies designated by the Bank. (iii) Time Deposit Account: The Bank handles Yen Time Deposits in Japanese Yen and a Foreign Currency Time Deposits in certain foreign currencies designated by the Bank. (iv) Structured Deposit Account: The Bank handles time deposits which incorporate derivatives of interest rate, currencies, stocks, commodities, etc. (v) HSBC Premier International ATM Card / HSBC Premier International Foreign Currency ATM Card: The Bank handles the services and transactions prescribed by the Bank where the Customer uses the HSBC Premier International ATM Card / HSBC Premier International Foreign Currency ATM Card (the ATM Card ) issued by the Bank at automatic teller machines and cash dispenser machines (collectively, ATM ), etc. (vi) HSBC Premier Credit Card: The Bank handles the services and transactions prescribed by the Bank, such as shopping usage, cash advancement services, card loans, etc., where the Customer uses the HSBC Premier Credit Card (the Credit Card ) issued by the Bank (subject to a requisite credit check of the Customer by the Bank). (vii) HSBC Personal Internet Banking: The Bank provides the services and transactions prescribed by the Bank where the Customer issues instructions using a computer terminal (the Personal Internet Banking ). With regard to certain transactions designated by the Bank among the transactions through the Personal Internet Banking and the Telephone Banking, the Security Device (the Security Device ) will be required in order to obtain the passwords which will be used only one-time for such respective transactions. (viii) Telephone Banking Services: The Bank provides the services and transactions prescribed by the Bank where the Customer issues instructions using a telephone (the Telephone Banking ). (ix) Local Funds Transfer: The Bank undertakes transactions for domestic remittance (funds transfer) based on the remittance application prescribed by the Bank and other similar transactions. (x) Overseas Remittance and Demand Draft Issuance: The Bank undertakes transactions for overseas remittance based on the overseas remittance application and declaration form prescribed by the Bank and other similar transactions. (xi) [deleted] (xii) Auto-Debit/Transfer Service: The Bank offers the auto-debit/transfer service from the Customer s depository account for the purpose of payment to a certain business entity designated by the Customer in accordance with the terms and conditions as prescribed by the Bank. (xiii) Standing Remittance/Transfer Instruction: The Bank executes the standing remittance/transfer instruction in accordance with the terms and conditions as prescribed by the Bank. (xiv) HSBC Smart Housing Loan: The Bank provides the Customer who is to purchase real estate or who is to refinance an existing mortgage loan with a loan under the terms and conditions as prescribed by the Bank (subject to a requisite credit check of the Customer by the Bank). (xv) HSBC Smart Home Equity Loan: The Bank provides the Customer who owns real estate with a loan, which is secured against such real estate under the terms and conditions as prescribed by the Bank (subject to a requisite credit check of the Customer by the Bank). (xvi) Overdraft Service: The Bank provides an overdraft credit limit to the Customer s depository account in accordance with the terms and conditions as prescribed by the Bank (subject to a requisite credit check of the Customer by the Bank). (xvii) Investment Trust: The Bank handles purchase/sale transactions etc. of the investment trust in the Integrated Investment Trust Account pursuant to the terms and conditions prescribed by the Bank. 2. The Bank has the right to cancel, withdraw or suspend or supplement any of the transactions and/or services at any time with or without notice to the Customer. Further, the Bank has the right to cancel the Premier Account of, or cancel, withdraw or suspend any of the transactions with, and/or services to, the specific Customer who does not satisfy the conditions as prescribed by the Bank (such as the total relationship balance requirement and other conditions regarding transaction status etc.). <Article 6> Fees 1. The account management fees and other fees with respect to the Premier Account shall be prescribed by the Bank separately. The Bank shall have the right to deduct such fees, including the revised or the newly established fees, either from the Yen Savings Account or the Multi Currency 1

4 2 Savings Account at any time in a manner determined by the Bank; provided, however, that unless otherwise prescribed by the Bank, such fees shall be deducted from such accounts in the following order: if the Customer has designated the account to be deducted, from such account; and if the account so designated by the Customer does not have enough balance for the payment of such fees or if the Customer has not designated any account, in the order of (1) from the Yen Savings Account, (2) from the Multi Currency Savings Account in yen and (3) from the Multi Currency Savings Account in foreign currencies, until such fees have been fully paid. 2. In the event of deduction of the amount of fees from the depository account(s) in accordance with the foregoing Paragraph, and if such deduction is to be made from a depositary account denominated in the currency other than the currency of the amount that the Bank shall collect, the Bank shall have the right to deduct from such account the amount which is calculated by applying the exchange rate at the time of such deduction pursuant to Article In the event of the balance of the Customer s Yen Savings Account or the Multi Currency Savings Account not being able to meet the amount required to pay the fees (in the event of the Customer being able to use the Overdraft Service, then this shall include the amount available under such service), then the Bank may, in its sole discretion, allow a temporary unauthorized overdraft to such account in an amount equal to the difference between such balance and such amount. In this case, the applicable interest rate on the unauthorized overdraft amount over the Overdraft Service credit limit shall be determined by the Bank, which rate may differ from the interest rate applicable to the overdraft amount within such credit limit. Further, the Customer shall promptly pay to the Bank the unauthorized overdraft amount in excess of the Overdraft Service credit limit without the Bank s demand for payment. 4. If the Bank revises the fees or imposes new fees, the Bank will inform the Customer, by reasonable methods such as displaying the information at the Bank s domestic branches or on the Bank s website jp ( HSBC Website ). The Customer is deemed to have agreed to such revision or imposition of fees and shall be bound by the amended terms, unless the Customer closes the Premier Account. 5. Notwithstanding the preceding Paragraphs, the Bank may, at any time of the Bank s choice and in a manner and procedure prescribed by the Bank, cancel the Premier Account of, or cancel, withdraw or suspend any of the transactions with, and/or services to, the Customer, if the Bank is unable to deduct the fees, including the revised or newly established fees. 6. The Bank shall receive the fees prescribed by this Article only to the extent permitted by laws and regulations and the Bank shall not charge any fees in breach of any applicable laws and regulations. <Article 7> Dormant Account 1. The Bank may treat each of the Yen Savings Account and the Multi Currency Savings Account which has not had a deposit or withdrawal made, for the continuous period of twelve (12) months since the most recent deposit or withdrawal transaction, as a dormant account. The Bank is not required to notify the Customer of the fact that the account has become a dormant account. 2. Transactions with the ATM Card will not be allowed for the Account after it becomes a dormant account. 3. If two (2) years have elapsed after the account became a dormant account, the Bank may cease to accrue interest on the balance of such account at any time. 4. In the event that all the accounts prescribed in Paragraph 1 become dormant accounts, the Bank may impose restrictions on the use of the Premier Account. In this event, the Bank may charge the dormant account management fees as prescribed by the Bank. <Article 8> Date of Transaction 1. All transactions with the Bank shall take place on a Business Day stipulated by the Banking Law and Cabinet Office Regulations thereunder. A Business Day refers to a day other than Saturday, Sunday and any other Japanese bank holidays stipulated by the laws and regulations. 2. In the event that the Bank is requested by the Customer through branch, ATM, telephone, or the Internet to effect a transaction under the Premier Account, the Bank will, unless specifically instructed otherwise by the Customer, effect the said transaction request on the same day as the Bank accepts the said request. Depending on the day of acceptance, time of the day when the said request is accepted, subject currency and the type of the transaction, however, the Bank may effect the transaction request on the next Business Day or the second Business Day after the Bank accepts such request. With this regard, even if the balance of the account designated by the Customer for that transaction was sufficient for that transaction as at the time of the Bank s acceptance of such request, the Bank may treat such request as cancelled, if there is insufficient balance in such account as at the time of execution of such transaction. 3. Notwithstanding the foregoing 2 Paragraphs, in case where, depending on the nature of the transaction, the request for certain transaction in foreign currencies cannot be effected as aforesaid due to a holiday in the home country of the relevant currency, etc., the Bank may effect such transaction request on the first Business Day on which such transaction request can be effected. 4. Unless the adjustment method is specified in a separate agreement, if the interest payment date, maturity date or other date for the deposit designated at the time of contract falls on a public holiday in the country of the currency related to the relevant transaction (Japan in case of Japanese yen), the Bank may treat such date in accordance with the preceding Paragraph. <Article 9> Minimum Deposit 1. With respect to the Premier Account, the Bank may require the Customer to deposit, within the period designated by the Bank, more than the amount designated by the Bank into the Premier Account and maintain the same. 2. If the amount designated by the Bank is not deposited within the period designated by the Bank after the Premier Account is opened, or if the same is not maintained under the Premier Account, the Bank may, at any time of the Bank s choice and in a manner and procedure prescribed by the Bank, cancel the Premier Account of, or cancel, withdraw or suspend any of the transactions with, and/or services to, the Customer. <Article 10> Deposits 1. Deposits into the Premier Account shall be made in the manner prescribed by the Bank. 2. With regard to a remittance to the Premier Account, if the Bank receives a cancellation request from the originating financial institution due to a mistake transmission, such as a duplicate transmission etc., the Bank shall cancel the credit entry of the remitted funds. 3. If funds denominated in Japanese yen are remitted to the Premier Account without specifying the depositary account, the Bank will credit the same to the Yen Savings Account. 4. If funds denominated in a foreign currency are remitted to the Premier Account without specifying the depositary account, the Bank will credit the same to the Multi Currency Savings Account. In this event, the Bank will follow the provisions of Article 4 of Section 3: Terms and Conditions for the Multi Currency Savings Account. 5. If a dispute arises with the originator of the remittance or other third party because of such handling in accordance with the foregoing two (2) Paragraphs, the Customer shall deal with such dispute at the cost and expense of the Customer. The Bank shall have no responsibility with regard to such dispute. <Article 11> Treatment of Instruments 1. The Bank, in principle, will not accept deposits in cheques, bills and other instruments (collectively, the Instruments ). However, the Bank may accept deposits in

5 the Instruments only to the extent permitted exceptionally by the Bank. 2. All the blank areas on a bill (date of issue and payee in particular) and cheque (particularly date of issue) shall be completed in advance by the Customer. The Bank bears no responsibility for the completion of any blank areas. 3. The Instruments shall be endorsed in advance by the Customer, where necessary. 4. The Bank will accept the deposit of, or make the payment on, the Instrument in the amount indicated in the amount column stipulated on such Instrument regardless of any other indication that may be shown elsewhere, whether in words or in figures. 5. The Customer shall pay the Bank any fees as prescribed by the Bank, if any expense is incurred to the Bank arising from the collection of the Instrument or if the Instrument entrusted for collection is dishonoured. Further, the Bank shall separately charge the cost incurred by the special requests of the Customer. 6. If the Bank asks another branch of the Bank or another financial institution to collect the Instrument on its behalf, the Bank will so entrust such collection by forwarding the Instrument in accordance with the timing and procedure as determined by the Bank. 7. As for the bill of exchange without acceptance of the payer, the Bank shall only notify the payer that the Bank is entrusted with its collection, but the Bank shall bear no obligation to present such bill for acceptance or payment. The same shall apply to Instruments which cannot be presented for clearance. 8. The Bank will credit the amount of the bill processed as a bill to be paid on due date to the Customer s Premier Account on its payment date, if (a) it reaches the number of days designated by the Bank before the payment date and (b) the bill is collectable by clearance, etc. on the due date. In this event, the Bank will make its amount available to the Customer for withdrawal, when the Bank confirms its settlement after the deadline for notifying the dishonoured bills between banks, on the next business day after the payment date. As for the bill not processed as a bill to be paid on due date, the Bank will credit the amount of the bill to the Customer s Premier Account and make it available to the Customer for withdrawal, after confirming the settlement with the payment report between banks. 9. The amount of Instrument will not bear interest, nor will the deposit concerning such Instrument be made available for withdrawal, until the Bank confirms the settlement of such Instrument. 10. In the event that the Instrument deposited to the Premier Account is dishonoured, the Bank will immediately notify the Customer of such dishonour and debit the amount of such Instrument and the fees stipulated in Paragraph 5 from the Premier Account; the Bank will promptly return such Instrument based on the Customer s request. 11. Where the Instruments are dishonoured, the Bank shall take necessary steps to preserve the Customer s rights, only with regard to those for which the Bank has received the written requests from the Customer in advance. 12. In order to cancel the Instrument, the Customer shall submit to the Bank the Bank s designated request form either with the signature or seal which has been registered with the Bank, by the business day immediately before the payment date if such Instrument has the payment date. The Bank shall promptly cancel and return the Instrument to the Customer based on the Customer s request. 13. The Bank shall not be responsible for any damages resulting from losses, damages, defacement or delays of the Instruments due to unavoidable events such as incident, disaster or accident in transport. Similarly, the Bank shall assume no responsibility for any damages resulting from transmission delays caused by failure of communication devices or lines due to unavoidable events. 14. The rights of the applicant based on the entrustment of collection shall not be transferred or pledged. <Article 12> Withdrawals 1. A withdrawal can be made only when the relevant depositary account has sufficient balance available for withdrawal (including the funds available through the Overdraft Service, where such service is available to the Customer) and only after the verification procedures have been completed with respect to the seal (or signature) affixed on the withdrawal slip etc. against the specimen of the seal (or signature) previously registered with the Bank. Notwithstanding the foregoing, where there are special provisions with regard to the transactions with the ATM Card or the transactions through the Personal Internet Banking or Telephone Banking, etc., such special provisions shall control. 2. Prior to using the Yen Savings Account and the Multi Currency Yen Savings Account to pay any charges(only those handled by the Bank), the Customer shall complete all the procedures as prescribed by the Bank. 3. In the event that more than one withdrawal is requested by the Customer on a single day and the aggregate amount of those withdrawal requests exceed the available amount for withdrawal, the Bank may at its discretion decide which withdrawal is processed. <Article 13> Application of Laws and Regulations Related to Foreign Exchange All foreign currency transactions between the Customer and the Bank will be dealt with in accordance with this Agreement, as well as the Foreign Exchange and Foreign Trade Law, any Government or Ministerial ordinances promulgated there under and any other foreign exchange related laws and regulations. <Article 14> Fluctuations in Foreign Exchange Rates The Customer hereby confirms that he or she fully understands and acknowledges the possibility of gain or loss due to the exchange rate fluctuations in relation to the foreign exchange transactions. The Bank bears no responsibility for such loss incurred by the Customer. <Article 15> Foreign Exchange Conversion Rate 1. In the event that all or part of a deposit is withdrawn and converted into another currency, that the repayment of obligation to the Bank by setoff etc. is made in a currency other than the one in which such obligation is denominated or that a deposit is transferred to another deposit after conversion of the currencies, the Bank shall comply with such timing, method and procedure as prescribed by the Bank, and apply the exchange rate determined by the Bank. 2. In the event of conversion into a currency other than the one in which the funds deposited are denominated when a credit entry to the Premier Account is made, the Bank shall apply the exchange rate determined by the Bank, similarly applying, mutatis mutandis, the provisions of the preceding Paragraph. <Article 16> Branches Handling HSBC Premier Account Transactions 1. The transactions and services stipulated in this Agreement are offered only at the Bank s domestic branches designated by the Bank. 2. When reference is made in this Agreement and the Terms and Conditions in the following Sections to the Bank without specification, that term shall include only the Bank s domestic branches, but excludes the Bank s overseas branches. <Article 17> Statement of Account 1. The Bank will issue the HSBC Premier Account Statement regarding the transactions that were effected for the Premier Account. The HSBC Premier Account Statement will be sent to the Customer s address registered with the Bank. The Bank will not issue any passbook, savings certificate, etc. 2. The Bank shall, with the Customer s consent, issue the HSBC Premier Account Statement outlined in the preceding paragraph for inspection via an electromagnetic method in place of the written format which is mailed to the Customer. In the event that the Bank issues the HSBC Premier Account Statement via an electromagnetic method, a written HSBC Premier Account Statement will not be issued. 3

6 4 3. The HSBC Premier Account Statement will be prepared as of the end of each month. 4. In the event that the Customer requests the Bank to reissue an HSBC Premier Account Statement (including the case where an HSBC Premier Account Statement is to be issued in physical form when an HSBC Premier Account Statement is provided via an electromagnetic method as stipulated in Paragraph 2), the Bank will charge fees as stipulated by the Bank. 5. The HSBC Premier Account Statement may also be issued as a balance report for investment trusts. 6. If the HSBC Premier Account Statement or any other document sent by the Bank contains an erroneous record, the Customer shall notify the Bank thereof within fifteen (15) days after the date when such document is received by mail or when such document becomes available for inspection via an electromagnetic method (or within such specific period, if such period is specified separately). If the Bank shall not receive any such notice within such period, the Bank will treat that the Customer has acknowledged and agreed to the contents of such HSBC Premier Account Statement, etc. <Article 18> Changes to Registered Information; Re-issuance of ATM Card, etc. 1. The Customer shall immediately notify the Bank in the manner as stipulated by the Bank, in the event of the loss of demand draft, cheque, cheque book, withdrawal slip, ATM Card, Security Device or seal; or in the event of any changes to the Customer s name, address, telephone number, workplace, seal, signature, or any other information registered with the Bank. In such cases, the Customer may also be required to submit to the Bank the extract of the family register, the seal impression certificate, or any other documentation as deemed necessary by the Bank. 2. The Bank shall bear no responsibility for any damages incurred before the notification as stipulated in the preceding paragraph. 3. Such fees as stipulated by the Bank will be charged for the re-issuance of the ATM Card or the Security Device. 4. In the event that the Bank dispatches any notice or document to the name and address registered with the Bank, such notice or document will be deemed to have been delivered within the time which is normally expected for delivery, even if the said notice or document is delayed or does not reach the Customer. 5. In the event that the Bank dispatches any notice or document to the name and address registered with the Bank, but such notice or document is returned to the Bank without reaching the Customer, the Bank may suspend the delivery of HSBC Premier Account Statement and limit all or part of the transactions with the Bank. <Article 19> Prohibition of Transfer or Pledge The Customer may not, without the permission of the Bank, transfer, pledge or otherwise dispose of the Premier Account, deposits or any other rights. <Article 20> Termination, etc. 1. The Customer can, unless otherwise stipulated by the Bank, terminate the Premier Account at anytime at the Customer s discretion. In order to terminate the Premier Account, the Customer must complete all the necessary items in the forms prescribed by the Bank, apply the Customer s registered seal (or signature) in the appropriate areas, and submit the completed forms to the Bank together with the ATM Card and the Security Device. 2. The Customer shall, upon termination of the Premier Account, pay in full any outstanding balance of the principal and interest of the overdraft facility, housing loans, and/or any other obligations that the Customer owes to the Bank in connection with the Premier Account. 3. When the Premier Account of the Customer, who has a product that, in principle, cannot be terminated during the term such as time deposits, is terminated, such termination procedures will be performed after crediting the proceeds of such product (after deduction of applicable cancellation fees prescribed by the Bank) to the Yen Savings Account or the Multi Currency Savings Account. 4. If any of the below-mentioned events occurs in respect of the Premier Account, the Bank may immediately limit or suspend any or all transactions under the Premier Account or, after serving the notice to the Customer, terminate the Premier Account: It is confirmed that the named Customer of the Premier Account does not exist or the transactions under the Premier account have been commenced against the named Customer s will. The Customer violates Article 19 (Prohibition of Transfer or Pledge). (iii) The Premier Account has been used, or is likely to be used, for any purpose that is in contrary to the public order or morality. (iv) It is confirmed that the Customer has registered false information with the Bank. (v) The Customer fails to perform the payment obligation owed to the Bank after the Bank s demand for its payment, or the Customer fails to observe the material points of the terms and conditions regarding the transactions with the Bank. (vi) For any other reason, the Bank considers it necessary to limit or suspend any or all transactions under the Premier Account or to terminate the Premier Account. 5. In addition to the circumstances set out in the preceding Paragraph, if the Customer constitutes any of the categories in any of the following Items and if the Bank determines it inappropriate for the Bank to continue transactions with the Customer, the Bank may suspend transactions under the Premier Account or, after serving the notice to the Customer, terminate the Premier Account: In case that the representations and covenants made by the Customer at the time of application for the opening of Premier Account have proved to be false. In case that the Customer has become known to constitute any of the following: (1) An organised group of gangsters (boryoku dan); (2) A member of an organised group of gangsters; (3) A quasi-member (jun kousei in) of an organised group of gangsters; (4) An affiliated business enterprise of an organised group of gangsters; (5) A sokaiya corporate racketeer etc., a hoodlum who claims to advocate for social activities etc. (shakai undo tou hyoubou goro), a violent group with special intellect (tokushu chinou boryoku shudan) or the like; or (6) A person similar to any of the foregoing. (iii) In case that the Customer has, either in person or with the assistance of any third party, engaged in any activity that corresponds to any of the following: (1) Making a threatening demand (boryoku-teki yokyu koui); (2) Making an illegal or unjustifiable demand; (3) In relation to a transaction, engaging in a threatening speech or behaviour or threatening to or using illegal force; (4) Starting a malicious or false rumour, or discrediting the Bank or disturbing the Bank s business by fraudulent means or illegal force; or (5) Any activity similar to any of the foregoing. 6. In addition to the circumstances set out in the preceding two (2) Paragraphs, in the event that the Customer has not used the Premier Account for the period separately stipulated by the Bank, or as the laws or regulations permit, the Bank may limit or suspend the transactions under the Premier Account, or, after serving the notice to the Customer, terminate the Premier Account. 7. In the event that the Bank dispatches the notice of termination to the address which is registered with the Bank, such notice will be deemed to have been delivered within the time normally expected for delivery, even if such notice is delayed or does not reach the Customer. <Article 21> Notification of Appointment of Guardian of Adult etc. 1. In the event that assistance, curatorship or guardianship commences in respect of the Customer by an order issued by the Family Court, the Customer or such guardian of adult etc. shall immediately notify the Bank of the name of

7 the relevant guardian of adult etc. and the other necessary information in the form as prescribed by the Bank. In such event, the Bank may request the identity verification documents as prescribed by the Bank with regard to such guardian of adult etc. 2. In the event that a supervisor of voluntary guardian of adult is appointed by an order issued by the Family Court in respect of the Customer, the Customer or such voluntary guardian of adult or such supervisor shall immediately notify the Bank of the name and the other information of such voluntary guardian of adult and such supervisor in the form as prescribed by the Bank. In this event, the Bank may request the identity verification documents as prescribed by the Bank with regard to such voluntary guardian of adult and such supervisor. 3. In case where an order to commence assistance, curatorship or guardianship has already been issued, or a supervisor of voluntary guardian of adult has already been appointed, with respect to the Customer, the notification procedures stipulated in the preceding two (2) Paragraphs shall be similarly taken. 4. In case of any cancellation or amendment of any information notified to the Bank pursuant to the preceding three (3) Paragraphs, the notification thereof shall be similarly made. 5. The Bank will bear no responsibility for any damages incurred before the notification as stipulated in the preceding four (4) Paragraphs. <Article 22> Set off etc. 1. In the event that any obligation to the Bank of the Customer is due, the Bank may set-off such obligation against any deposit or other claim against the Bank of the Customer at anytime, even prior to the due date of such deposit or other claim. 2. In the event of the currencies of the obligation and of the claim are different, the Bank has the right to set-off as stipulated in the preceding Paragraph. 3. In the event of set-off as stipulated in the preceding two (2) Paragraphs, interest on discount rates for, and damages, etc. of the claims and obligations will be calculated for a period ending on the date of calculation, and the applicable interest rates and other rates thereto will be reasonably determined by the Bank. Further, the applicable foreign exchange rate will be the one at the time of such calculation by the Bank. 4. The Bank shall have the right to assign the obligations of the Customer to any judicial person etc. (the HSBC Group Company ) of the HSBC Group whose ultimate holding company is HSBC Holdings plc. or to any third party designated by the Bank without consent of the Customer for collection purposes. Further, such HSBC Group Company or such third party may assign the obligations of the Customer to any other HSBC Group Company (including the Bank) or to any other third party without any consent of the Customer. The Customer hereby agrees not to oppose to such assignment. 5. As the occasion demands, the Bank shall have the right to appoint any external debt collecting agency, and to have it collect the obligations owed by the Customer. <Article 23> Indemnification 1. In the event that the Bank has collated, with due care, the seal (or signature) affixed on the cheque, withdrawal slip or any other document submitted to the Bank against the seal (or signature) of the person who has the authority to transact with the Bank registered with the Bank, and that the Bank has determined that they are identical, then the Bank shall not be liable for any damages incurred for any other reason whatever as a result of any incident such as any of them being forged, counterfeited, or fraudulently used, the person making the telephone call was not the Customer, etc. 2. Unless otherwise agreed by the Bank, any payment obligation of the Bank owed to the Customer in relation to the Premier Account will be performed only at the Bank s domestic branches as designated by the Bank. 3. With regard to the transaction, the Bank will bear responsibility for the results that are attributable only to the Bank. The Bank will bear no responsibility for the results caused by the events beyond the Bank s reasonable control, such as imposition of taxes and other public dues; changes in currency value; regulations concerning foreign exchanges and remittances; market fluctuations; freezing of funds; forced remittances; war; natural disaster; civil unrest; economic blockade; laws, ordinances, and instruction by applicable agencies; intentional misconduct, negligence, default and bankruptcy of the correspondent institutions and other agents of the Bank; and delays and damages during transport. 4. The Bank shall not be liable for any delay or failure of the Bank s equipment, system or software, or in providing any of the Bank s services to the Customer to the extent that is attributable to any cause beyond the Bank s reasonable control including any communication equipment or line malfunction or failure, and under no circumstances shall the Bank be responsible to the Customer for losses, damages, or expenses arising from or in connection with such delay or failure, with the exception that the cause is attributable to the Bank. 5. In the event that the Customer and the Bank encounters discrepancies regarding the contents, amounts, etc. of the transactions reported in the HSBC Premier Account Statement or any other document or of the transactions actually executed between the customer and the Bank, the records of the Bank shall be treated as accurate in the absence of manifest error. The Bank will bear no responsibility for the damages etc. incurred as a result of such discrepancies, unless the cause is attributable to the Bank. With regard to the HSBC Premier Account Statement or any other document, if the Bank shall not have received any notice from the Customer to the contrary within fifteen (15) days after the date when such document is received by mail by the Customer or when such document becomes available to the Customer for inspection via an electromagnetic method, the Bank will treat that the Customer has acknowledged and agreed that the contents of such document are accurate. 6. In the event that five (5) years have passed after the execution of a transaction under the Premier Account, the Bank will not agree to any correction, cancellation, etc. of such transaction, absent manifest error on the part of the Bank. <Article 24> Handling of Customer Information 1. The Bank shall handle the Customer information in accordance with the provisions separately prescribed by the Bank. 2. Subject to the limitations under the preceding Paragraph, the Bank may have any of the domestic or overseas HSBC Group Company or other third party designated by the Bank handle any Customer information. The Bank may disclose Customer information if required to do so by the applicable laws or by the court or in the other legal procedures, or if requested to do so by any governmental agencies. <Article 25> Restrictions on Transactions etc. 1. If the Bank considers that the Customer s request for transaction etc. constitutes an abuse of the Bank s services, then the Bank can impose certain restrictions on such transaction or refuse to execute such transaction. 2. Even after the agreement is made with regard to the transaction etc. as requested by the Customer, if there arises a market disruption or a remarkable change in financial conditions prior to the execution of such transaction etc., then the Bank is entitled not to execute such transaction etc. 3. The Bank will bear no responsibility for any damages incurred by the Customer or any third party as a result of the restrictions on, or refusal of the execution of, transaction etc. as provided for in the preceding two (2) Paragraphs. <Article 26> Prevention of Money Laundering and Financing of Terrorist Activities 1. The Bank will act in full compliance with all relevant laws and regulations, and requests by public organisations such as national governments, in view of the international 5

8 initiatives of the prevention of money laundering and financing of terrorist activities. 2. In connection with the overseas remittance service, if the Bank is required to submit certain materials etc. to the relevant authorities in order to comply with the laws and regulations concerning foreign exchange, the Bank is entitled to request the Customer to submit such materials etc. or to cooperate with the inquiries by the Bank. If the Bank cannot obtain such materials etc. or such cooperation, the Bank is entitled to take any measures that the Bank deems appropriate, including the refusal of the execution of such overseas remittance. 3. Neither the Bank nor any other HSBC Group Company will be liable for any loss (whether direct or consequential and including, without limitation, loss of profit or interest) or any damage suffered by the Customer or any third party arising out of: any delay or failure by the Bank or any HSBC Group Company in processing any payment messages or other information or communications, or in performing any of its duties or other obligations in connection with the Current Account or any other account or the provision of any services to the Customer, caused in whole or in part by any steps which the Bank or any HSBC Group Company, in its sole and absolute discretion, considers appropriate to take in accordance with any laws, regulations and requests of public and regulatory authorities operating in various jurisdictions which relate to, amongst other things, the prevention of money laundering, terrorist financing and the provision of financial and other services to any persons or entities which may be subject to sanctions; or the exercise of any of the Bank s rights under this Article. 4. Neither the Bank nor any HSBC Group Company warrants that any information on the Bank s systems relating to any payment messages or other information and communications which are the subject of any action taken pursuant to this Article is accurate, current or up-to-date at the time it is accessed, whilst such action is being taken. <Article 27> Provision of Financial Information, Market Information, etc. 1. Any information regarding financial conditions, market rates and other facts that is provides at the Bank s branches, through the Bank s website, etc. (the Information ) is provided to the Customer for the reference purposes only, and the Bank shall not be deemed to have agreed to enter into transactions with the Customer at such rates and other conditions appearing on the Information. 2. Any report regarding the analysis, forecast, outlook of the financial conditions, market environment, etc. that is provided at the Bank s branches, through the Bank s website, etc. based on the Information and other information (the Report and together with the Information, the Information etc. ) is provided to the Customer for reference purposes only, and the Bank does not make any warranty whatsoever as to its contents, including, without limitation, any warranty that such contents are accurate, current or up-to-date or any warranty that such contents will realize in the future. The Customer hereby acknowledges that, with regard to the Information etc. originally provided by a third party, such Information etc. may be provided to the Customer, without any review etc. by the Bank, in its original contents as provided to the Bank by such third party and the Customer shall not make any objection to such provision of Information etc. 3. All the rights and powers, including, without limitation, all intellectual property rights, in the Information etc. shall belong to the Bank, the HSBC Group Company and the information provider concerning such Information etc. The Customer shall not obtain any right or power with regard to the Information etc., except that the Customer is entitled to use the Information etc. in connection with the transactions with the Bank or for the purposes of considering such transactions. 4. The Customer shall not engage in any of the following acts, unless otherwise agreed by the Bank: Creating a copy of; altering; providing to any third party of; or using for commercial purposes of; all or any part of the Information etc.; or Integrating into any software etc. of; or creating any link from any other website to; all or any part of the Information etc. 5. The Bank, the HSBC Group Company or the information provider is entitled to set or amend, at any time, the usage conditions regarding the Information etc., such as making certain Information etc. available only to the Customer who has satisfied certain conditions, etc. <Article 28> Governing Law and Jurisdiction All transactions with the Bank, and the attached documents thereto and the terms and conditions therefore shall be construed in accordance with the laws and regulations of Japan (including governmental ordinances relating to finance and exchange control, etc. administrative guidance, and general practical examples of general practices). With regard to any lawsuit or legal proceeding concerning transactions with the Bank, either the court in Tokyo Area or such court having jurisdiction over the Bank s domestic branch concerning such transactions may be designated as having jurisdiction over such lawsuit or legal proceeding. <Article 29> Procedural Customs, etc. All the matters not set out in this Agreement shall be handled in accordance with other terms and conditions, rules and regulations of the Bank or the procedural customs adopted by the Bank. <Article 30> Amendment 1. This Agreement is subject to change at any time at the Bank s sole discretion. Any amendment will become effective on the effective date of such amendment. Unless the Customer who holds the Premier Account terminates the Premier Account or suspends the use of the services or transactions concerning such amendment, the Customer shall be deemed to have agreed to such amendment and shall be bound by such amended terms and conditions. 2. When this Agreement is amended, the Bank shall notify the customer at least one (1) month prior to each of the said changes by proper means of notification, such as posting the notice at the Bank s domestic branches or on the Bank s website ( Notwithstanding the foregoing, with regard to the amendment to this Agreement based on the laws and regulations or the amendment to this Agreement which is deemed to have no material adverse impact on the Customer s rights or obligations, the Bank may implement such amendment with a shorter notification period or without any prior notification. <Article 31> Transfer of Contractual Position of The Bank The Bank may, upon prior written notice to, and without seeking the consent of, the Customer, transfer and assign all rights, interests and obligations of the Bank arising out of the transactions and services under the Premier Account to any HSBC Group Company incorporated in Japan, which is directly or indirectly wholly owned by HSBC Holdings Plc, and which is appropriately licensed to engage in the business regarding the transactions and services under the Premier Account. <Article 32> English Translation With regard to all the transactions with the Bank, the terms and conditions in Japanese shall constitute the authentic version, unless otherwise stipulated by the Bank. In the event that the Bank prepares the English translation of such Japanese terms and conditions for reference purposes, and if there is any discrepancy between the provisions of such Japanese version and the provisions of the English translation that is prepared for reference purposes, the provisions of such Japanese version shall prevail. <Article 33> Deposit Insurance Deposits held with the Bank s domestic branches are not covered by Deposit Insurance. 6

9 Section 2 Terms and Conditions for Yen Savings Account The Terms and Conditions for Yen Savings Account (hereafter in this section, the Terms and Conditions ) provides for the Bank s handling of all Yen Savings Account transactions (including deposit and withdrawal of Japanese Yen) made by a Customer with a Premier Account. <Article 1> Transaction Details In the Yen Savings Account, savings (futsu yokin) in Japanese Yen will be handled. <Article 2> Accepting Deposits in Instruments 1. The Bank, in principle, will not accept deposits in cash or Instruments at the teller counters of the Bank s domestic branches for the Yen Savings Account. 2. Deposits with the ATM Card used at the ATMs of the Bank or those of financial institutions affiliated with the Bank shall be governed by the provisions in Section 6: Terms and Conditions for HSBC Premier ATM Card. <Article 3> Accepting Deposits by Fund Transfers The Bank will accept deposits by fund transfers (which must be in Japanese Yen or in a foreign currency approved by the Bank) from other financial institutions to the Yen Savings Account. If the fund so transferred is in a foreign currency approved by the Bank, such fund shall be credited to the account after the same is converted into Japanese Yen. The amount to be credited at that time shall be the amount, pursuant to Article 15 of Section 1: HSBC Premier Account General Agreement, calculated by applying the exchange rate at the time of accepting such fund transfer. <Article 4> Deposit Unit The unit of deposit shall be one (1) Yen. <Article 5> Withdrawals 1. Withdrawals, in principle, may be made with the ATM Card from the ATMs of the Bank or those of financial institutions affiliated with the Bank; or by fund transfer to another account at the teller counters of the Bank s domestic branches or through Telephone Banking Services or Personal Internet Banking. Such withdrawals shall be made in accordance with the following: The Bank will only accept a Customer s request to withdraw over the counter at the Bank s domestic branches if the seal impression (or signature) on the Withdraw Request Form matches the seal (or signature) previously registered with the Bank. If deemed necessary, the Bank shall be able to request the identity verification statement in accordance to the Bank's prescribed method(s). The Bank will only accept a Customer s ATM withdrawal request if the PIN used at the time of operating the ATM matches the PIN previously registered with the Bank. For the avoidance of doubt, ATM Card usage shall be governed by Section 6: Terms and Conditions for HSBC Premier ATM Card. (iii) When the Customer makes a transfer from the Customer s Yen Savings Account to the Customer s other account under the Premier Account via Telephone Banking Services, the Bank shall verify the Customer s identity by the PIN entered through the phone. In case the Customer makes a transfer to a depositary account outside the Customer s Premier Account, a One Time Password is required in addition to this. The Bank will only accept the Customer s request for transfer, in lieu of documents provided by the Customer, if the Bank has completed all Customer identity verification procedures by the aforementioned method or any other alternative method separately prescribed by the Bank. For the avoidance of doubt, Telephone Banking Services usage shall be governed by Section 9: Terms and Conditions for Telephone Banking Services. (iv) When the Customer makes a transfer from the Customer s Yen Savings Account to the Customer s other account under the Premier Account via Personal Internet Banking, the Bank shall verify the Customer s identify by the user name and PIN that have been entered through the internet terminal. In case the Customer makes a transfer to a depositary account outside the Customer s Premier Account, a One Time Password is required in addition to these. The Bank will only accept the Customer s request for transfer, in lieu of documents provided by the Customer, if the Bank has completed all Customer identity verification procedures by the aforementioned method or any other alternative method separately prescribed by the Bank. For the avoidance of doubt, Personal Internet Banking usage shall be governed by Section 8: Terms and Conditions for HSBC Personal Internet Banking. 2. When the Customer uses the Yen Savings Account for the automatic payment of various fees etc., the Customer shall, in advance, carry out the procedures prescribed by the Bank. 3. If multiple payments are to be made on the same day and the total amount thereof exceeds the available balance of the Account, the decision as to which payment will be executed shall be made at the sole discretion of the Bank. <Article 6> Deposit Interest 1. If the daily final balance (the amount of accepted securities etc. shall be excluded from such balance until they are settled) is one (1) Yen or more, deposit interest shall accrue for units of one (1) Yen and such interest, calculated at the interest rate designated by the Bank and displayed at the Bank s domestic branches as well as the Bank s Website, etc., shall be credited to the Customer s Yen Savings Account each month on a date designated by the Bank. 2. The interest rate referred to in the previous Paragraph will be varied reflecting changes in financial conditions. <Article 7> Application of Other Provisions 1. Matters not provided for in the Terms and Conditions such as change in registered items, prohibition of transfer or pledge, termination, disclaimer, governing law, jurisdiction and changes in the terms and conditions, shall be governed by Section 1: HSBC Premier Account General Agreement, 2. In the event of any discrepancy between Section 1: HSBC Premier Account General Agreement and the Terms and Conditions, the Terms and Conditions shall prevail. Section 3 Terms and Conditions for Multi Currency Savings Account The Terms and Conditions for Multi Currency Savings Account (hereafter, the Terms and Conditions ) govern procedures to be carried out by the Bank in respect of the Multi Currency Savings Account(s) of the Customer held under a Premier Account, including deposits or withdrawals in Japanese Yen or such foreign currencies as designated by the Bank, and all other banking transactions. <Article 1> Contents of Transaction In Multi Currency Savings Account, the savings (futsu yokin) in Japanese Yen and such foreign currencies designated by the Bank shall be handled. <Article 2> Document to Be Delivered Prior to Execution of Contract Pursuant to the applicable laws and regulations, the Bank will separately provide the Customer with the document to be delivered prior to execution of contract (keiyaku teiketsumae koufu shomen) prior to the opening of Multi Currency 7